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Amended Opinion: Hawaii Wildlife Fund v. County of Maui
Judgment finding county in violation of Clean Water Act affirmed where county indirectly discharges pollutants into navigable water without requisite permit. 		Environmental Law 9th Apr. 2, 2018
Greenfield v. Mandalay Shores Community Assn.
'Development,' as used within California Coastal Act, is defined broadly, extends to homeowner's association's short-term rental ban, supports preliminary injunction. 		Environmental Law 2DCA/6 Mar. 29, 2018
Covina Residents for Responsible Development v. City of Covina
Denial of writ petition affirmed where California environmental quality act exempts ‘parking impacts from CEQA review for qualifying infill projects located within a half-mile of a major transit stop.’ 		Environmental Law 2DCA/7 Mar. 26, 2018
Amended Opinion: TDY Holdings LLC v. United States
CERCLA requires government to bear some responsibility in cleanup of aeronautical manufacturing plant in San Diego with respect to two hazardous chemicals used. 		Environmental Law 9th Mar. 21, 2018
Amended Opinion: TDY Holdings LLC v. United States
CERCLA requires government to bear some responsibility in cleanup of aeronautical manufacturing plant in San Diego with respect to two hazardous chemicals used. 		Environmental Law 9th Mar. 8, 2018
California Sea Urchin Commission v. Bean
U.S. Fish and Wildlife Service's cessation of sea otter relocation program in harmony with goals of the Endangered Species Act reasonable under 'Chevron' 		Environmental Law 9th Mar. 2, 2018
Aptos Residents Association v. County of Santa Cruz
Project involving 13 small, scattered microcell transmitters properly deemed as within categorical exemption to CEQA environmental review requirements. 		Environmental Law 6DCA Mar. 1, 2018
Native Ecosystems Council v. Marten
Dissolution of injunction affirmed where agency descriptions in its Environmental Impact Statement show that agency took hard look at project. 		Environmental Law 9th Feb. 23, 2018
Modification: City of Modesto v. Dow Chemical Co.
No special heightened causation requirement where redevelopment agency seeks compensation for remediation of contaminated land. 		Environmental Law 1DCA/4 Feb. 8, 2018
John R. Lawson Rock & Oil, Inc. v. State Air Resources Board
The timing requirement necessitates that a public agency may not approve a project prior to full compliance with CEQA 		Environmental Law 5DCA Feb. 5, 2018
Hawaii Wildlife Fund v. County of Maui
Judgment finding county in violation of Clean Water Act affirmed where county indirectly discharges pollutants into navigable water without requisite permit. 		Environmental Law 9th Feb. 5, 2018
Visalia Retail, LP v. City of Visalia
Contention that land use limit on retail store size would result in urban decay does not support fair argument that significant effects on the environment will result. 		Environmental Law 5DCA Feb. 1, 2018
Communities for Better Environment v. State Energy Resources Conservation and Development Commission
Where request for declaratory judgment as to constitutionality of narrow judicial review provisions does not depend on particular factual basis, dismissal on ripeness grounds inappropriate. 		Environmental Law 1DCA/4 Jan. 24, 2018
National Association of Manufacturers v. Department of Defense
Rule defining terms of Clean Water Act not within category requiring challenges to effluent limitation rules be brought in federal appellate court. 		Environmental Law USSC Jan. 23, 2018
City of Long Beach v. City of Los Angeles
Under the California Environmental Quality Act, an environmental impact report must analyze reasonably foreseeable indirect physical changes in the environment which may be caused by a construction project. 		Environmental Law 1DCA/3 Jan. 17, 2018
Heron Bay Homeowners Association v. City of San Leandro
Not abuse of discretion to award attorney fees under public interest litigation statute where plaintiffs brought suit arguably for private financial interest. 		Environmental Law 1DCA/4 Jan. 16, 2018
City of Modesto v. Dow Chemical Co.
No special heightened causation requirement where redevelopment agency seeks compensation for remediation of contaminated land. 		Environmental Law 1DCA/4 Jan. 10, 2018
Central Coast Forest Association v. Fish and Game Commission
Judgment overturning Fish and Game Commission decision denying petition to remove species from endangered species list reversed on remand where unrefuted evidence supports commission's decision. 		Environmental Law 3DCA Jan. 8, 2018
Turtle Island Restoration Network v. United States Department of Commerce
Issuance of special purpose permit authorizing incidental killing of migratory birds through commercial activity reversed where 'compelling justification' does not conform with regulation's plain language or with conservation intent. 		Environmental Law 9th Dec. 29, 2017
In re A Community Voice
The EPA must promulgate a rule when it grants a rulemaking petition, it owes a duty to act, and delay is unreasonable under the six 'TRAC' factors. 		Environmental Law 9th Dec. 28, 2017
Los Angeles Conservancy v. City of West Hollywood
'Absolute perfection' is not required in an Environmental Impact Report's analysis involving alternatives to the destruction of a building eligible for listing in the Register of Historical Places. 		Environmental Law 2DCA/1 Dec. 27, 2017
Havasupai Tribe v. Provencio
Where government approves mine as 'undertaking' under National Historic Preservation Act, it is not new 'undertaking' requiring similar review when stalled mine later seeks to resume active operations. 		Environmental Law 9th Dec. 13, 2017
Center for Biological Diversity et al. v. California Department of Fish and Wildlife
A court's partial decertification of an environmental impact report, including leaving some project approvals in place, is permissible under the California Environmental Quality Act. 		Environmental Law 2DCA/5 Dec. 6, 2017
U.S. v. Robertson
Wetlands with a nexus to navigable waters fall within the jurisdiction of the Clean Water Act. 		Environmental Law 9th Nov. 28, 2017
Assn. of Irritated Residents v. Kern County Board etc.
Kern County must reconsider its determination that the ICCTA preempts a CEQA environmental impact report relating to proposed railway project linking to petroleum refinery. 		Environmental Law 5DCA Nov. 24, 2017
Washoe Meadows Community v. California Department of Parks and Recreation et al.
An agency's draft environmental impact report does not provide public with an accurate, stable, and finite project description on which to comment where report describes five alternative projects under consideration. 		Environmental Law 1DCA/5 Nov. 17, 2017
Cleveland National Forest Foundation v. San Diego Association of Governments
'Cleveland I' partially overturned to extent it found SANDAG's EIR greenhouse gas analysis inadequate, in conformance with California Supreme Court's decision in 'Cleveland II' and over SANDAG's mootness argument. 		Environmental Law 4DCA/1 Nov. 17, 2017
Ecological Rights Foundation v. Pacific Gas & Electric Company
RCRA's anti-duplication provision does not apply where no specific statutory requirements relating to stormwater discharge were imposed under Clean Water Act 		Environmental Law 9th Nov. 3, 2017
Modification: Pesticide Action Network North America v. California Dept. of Pesticide Regulation (Valent U.S.A. Corp.)
California Department of Pesticide Regulation's failure to comply with CEQA's substantive requirements in approving amended labels for pesticides requires rescission of approval. 		Environmental Law 1DCA/3 Oct. 20, 2017
Modification: Living Rivers Council v. State Water Resources Control Board
Policy using uncertainty and likelihood of environmental effect to conclude that mitigation measure is infeasible appropriate where likelihood and uncertainty help determine mitigation measure's success. 		Environmental Law 1DCA/1 Oct. 19, 2017
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